Southwestern Industrial Products Company v. Chippewa Molding, Inc.

263 F.2d 402

SOUTHWESTERN INDUSTRIAL PRODUCTS COMPANY, Appellant,

v.

CHIPPEWA MOLDING, INC., Appellee.

No. 17324.

United States Court of Appeals Fifth Circuit.

January 20, 1959.

A. W. Salyars, Homer L. Pharr, Lubbock, Tex., for appellant.

Hugh Anderson, Lubbock, Tex., Frank W. Auer, Eau Claire, Wis., for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

1

Involved here are questions under Texas law relating to delivery of defective goods by a seller, the use thereof by the buyer after knowledge of possible defective characteristics, payment,…